“证据不足”时无罪判决难的原因及破解

发布时间：2018-03-31 13:06

本文选题：证据不足　切入点：无罪判决　出处：《甘肃政法学院》2017年硕士论文

【摘要】：“证据不足”的无罪判决是《中华人民共和国刑事诉讼法》第195条第三款的一项重要规定,这一规定对人权的保障有着重要的作用,特别是对疑罪从无原则的贯彻尤为重要。然而,就我国目前刑事案件无罪判决率而言,还处于一个较低的水平。司法实践中受各地对刑事诉讼法执行情况、公检法三机关对“分工负责、互相配合、互相制约”原则的错误适用等因素的影响,法院很难作出证据不足的无罪判决。但众所周知的是伴随着近些年来社会公众对一些刑事冤假错案的高度关注,司法机关也曾一度处于舆论的风口浪尖之上,司法的公信力在一定程度上也受到了贬损,一定程度上与我国法治建设要求之间的矛盾日益突出。为此,全面剖析“证据不足”时法院作出无罪判决难的原因,对症下药,破解困境,为刑诉法更好的实施扫清障碍,势在必行。综合全文,本文主要从三个方面展开写作,第一方面,笔者主要对证据不足的无罪判决的性质、法律法规及司法解释对证据不足的无罪判决进行概述;第二方面主要对证据不足的若干问题进行较为全面的分析;第三方面写作中,笔者则选取了100例无罪判决案例对我国无罪判决之现状进行分析,并在此基础上结合部分案例对我国司法实践中证据不足的无罪判决难的原因展开了论证,并提出了3条破解途径,以求能够解决我国证据不足的无罪判决难的问题。
[Abstract]:The acquittal of "insufficient evidence" is an important provision of article 195, paragraph 3, of the Criminal procedure Law of the people's Republic of China, which plays an important role in the protection of human rights, In particular, it is very important to carry out the principle of suspect crime. However, as far as the rate of acquittal of criminal cases is concerned, our country is still at a low level. The influence of the three organs of the Public Security Bureau, the Procuratorate and the Court on the wrong application of the principle of "division of labour, responsibility, cooperation and mutual restraint", It is difficult for the court to make a verdict of acquittal without sufficient evidence. But it is well known that along with the public's great concern about some criminal cases of false and false in recent years, the judiciary was once at the forefront of public opinion. To a certain extent, the credibility of the judiciary has also been derogated, and to some extent the contradiction between the construction of the rule of law in our country has become increasingly prominent. Therefore, it is necessary to comprehensively analyze the reasons why it is difficult for the court to make an acquittal when there is "insufficient evidence", so that the right remedy can be given to the case. It is imperative to solve the dilemma and clear the way for the better implementation of the Criminal procedure Law. Synthesizing the full text, this paper mainly begins to write from three aspects. First, the author mainly deals with the nature of the acquittal of the lack of evidence. Laws and regulations and judicial interpretation of the lack of evidence for the acquittal of the summary; the second aspect of the lack of evidence to carry out a more comprehensive analysis of a number of issues; the third aspect of writing, The author selects 100 cases of acquittal to analyze the present situation of our country's acquittal, and on the basis of this, discusses the reasons why the acquittal is difficult in our judicial practice. At the same time, three ways are put forward to solve the problem of the acquittal of lack of evidence in our country.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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